How has the definition of a “farmer” been interpreted in the context of a foreclosure action?
Saskatchewan, Canada
The following excerpt is from White Rock Farm Ltd. v. Canadian Corp. of Agricultural Financial Services (Agrifinance), 1999 SKQB 251 (CanLII):
In Bank of Montreal v. Nevin, MacLeod J. applied a definition of "farmer" similar to the one approved in Corporation Les Produits de la Jardinière. In the context of a farm foreclosure action, he concluded that the defendant who had sold all of his machinery and part of his land, and who had rented the cultivated portion of his remaining land where he resided, qualified as a farmer under the SFSA even though his pursuits in agriculture were "reduced nearly to nil, and sometimes to nil, and sometimes remain only in the planning stage.”
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